GERSHKOVICH v. SHCHUKIN GALLERY INC.

9773, 655982/17.

173 A.D.3d 641 (2019)

103 N.Y.S.3d 82

2019 NY Slip Op 05220

Vladislav Gershkovich, Respondent, v. SHCHUKIN GALLERY INC. et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 27, 2019.


The motion court correctly granted plaintiff summary judgment. Plaintiff met his initial burden on summary judgment by submitting a signed copy of the parties' debt restructuring agreement (DRA), defendants' guarantees of repayment, record evidence of the months of negotiations leading to the agreement, as well as proof of wire transfers of funds loaned to defendants and of their default on repayment.

In opposition, defendants failed to raise a triable issue of fact...

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